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HomeMy WebLinkAboutOrdinance 0091 · (- ORDINANCE NO. 9 / AN ORDINANCE CREATING A MUNICIPAL DEFENSE AND DISASTER RELIEF DIVISION AND PROVIDING THE POWERS OF THAT DIVISION; CREATING THE OFFICE OF MUNICIPAL DEFENSE DIRECTOR AND PROVIDING THE DUTIES AND RESPONSIBILITIES OF THAT OFFICE; CREATING AN OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE WITH EMERGENCIES THREATENING LIFE AND PROPERTY IN THE CITY OF NORTH RICH LAND HILLS; AUTHORIZING COOPERA TIVE AND MUTUAL AID AGREEMENTS BETWEEN 'FIlS AND OTHER POLITICAL SUBDIVISIONS; AND FOR RELATED PURPOSES; PROHIBITING UNAUTHORIZED LIGHTS AND WARNING AND ALL CLEAR SIGNALS; AND PRESCRIBING MIMIMUM STANDARDS FOR FALLOUT SHELTERS; AND MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200.00. e BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. There is hereby created the Municipal Civil Defense and Disaster Relief Division of the City of North Richland Hills which shall consist of the following: (a) An advisory Emergency Board composed of seven (7) persons known to be interested in Civil Defense and Disaster Relief, the Chairman of which shall be the Director of Municipal Civil Defense. Such appointments shall be ma.de by the Mayor and confirmed by the City Council. (b) A civil Defense Coordinator of the City of North Richland Hills who shall be charged with the preparation of a Civil Defense Plan for the City of North Richland Hills, together with such other duties as the Director may prescribe. The Coordina tor shall be appointed or replaced by the City Council. - (c) The Chiefs of Services of such division as approved by the City Counci~ and directed by the Municipal Civil Defense Director. Section 2. The powers and duties of the Municipal Civil Defense and Disaster Relief Division shall include the recommendation for adoption by the City Council of a Civil Defense Plan for the City of North Richland Hills, and the recomm.;mdation for adoption by the City Council of any and all mutual aid plans and agreements which are deemed essential for the implementation of such Civil Defense Plan. The duties of such Civil Defense and Disaster Relief Division shall also include the making of a survey of the availability of existing personnel, equipment, supplies and services, which could be used during an emergency, as provided for herein, as well as a continuing study of the need for amendments and improvements in the Civil Defense Plan adopted by the City Council. The Civil Defense and Disaster Relief Division Advisory Emergancy Board of the City of North Richland Hills shall meet upon the call of either the Director or Coordinator. Section 3. e The Civil Defense Director and Civil Defense Coordinator of the City of North Rich1and Hills are hereby authorized to join with the County of Tarrant, and the Civil Defense agencies of the other cities in said county in the formation of a · Civil Defense Plan for the County of Tarrant and further, to have other powers necessary to participate in a county-wide program of Civil Defense and Disaster Relief insofar as said program may affect the City of North Richland Hills. Section 4. The office of Municipal Defense Director is hereby created. The Municipal Defense Director or Coordinator shall have the authority to request the declaration of the existence of an emergency by the Advisory Emergency Board or by higher authority. In the event it is deemed necessary to declare the existence of an emergency without delay, the Director or Coordinator may, if the Advisory Emergency Board is not ia session, do so, but such action shall be subject to confirmation by the Advisory Emergency Board at its next meeting. The duties and responsibilities of the Municipal Defense Director shall include the following: (1) The control and direction of the operation and training efforts of the Civil e Defense and Disaster Relief organization of the City of North Richland Hills. (2) The determination of all questions of authority and respensibility that may arise within the Civil Defense and Disaster Relief organization of the City of North Richland Hills; (3) The maintenance and necessary liaison with other Municipal, District, State, County, Regional, Federal, or other Civil Defense organizations; (4) The marshalling, after declaration of an emergency as provided for above, of all necessary personnel, equipment or supplies from any department of the City of North Rich1and Hills to aid in the carrying out of the Civil Defense Plan; (5) The issuance of all necessary proclamations as provided herein as to the existence of an emergency and the immediate operational effectiveness of the Civil Defense Plan; e (6) The issuance of reasonable rules, regulations or directives, approved by the Advisory Emergency Board, which are necessar" for the protection of life and property in the City of North Richland Hills, such rules and regulations shall be filed in the office of the City Secretary, and shall receive general publicity unless publicity will be of aid and comfort to the enemy; (7) The supervision of the dragting of mutual aid agreements, in cooperation with representatives of the State, County, and of other local political subdiv- isions. and the drafting, if deemed desirable, by the City Council; (8) The supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions, as providrl by the City ordinances and policies of the City Council; (9) The authorizing of agreemec.ts, after approval of the City Attorney as to legal form, and the City Council, for the use of private property for air raid shelter and other purposes. Section 5. e The operational Civil Defense and Disaster Relief Division of the City of North Richland Hills, shall consist of the officers and employees of the City of North I · e e e Richland Hills designated by the Municipal Defense Director as well as all volunteer municipal defense worke~rs. The functions and duties of this organization shall be distributed among such services and special staff as the Advisory Emergency Board shall prescribe by resolution or the Municipal Defense Director shall provide by directive. Any such resolution or directive shall set forth the form of organization, establish and designate services, assign functions, duties and powers, and designate officers and employees to carry out the provisions of this Ordinance, and shall be subject to approval of the City Council. Section 6. Each person serving as a member of the Municipal Civil Defense and Disaster Relief Division as an officer, employee or volunteer, in any capacity, in the Municipal Civil Defense and Disaster Division, shall prior to assuming their duties, take an oath which shall be substantially as follows: "I, (state full name), do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Texas, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further affirm that I do not advocate, nor am I a member or an affiliate of any political party or organization, group, or combination of persons that advocates the overthrow of the Government of the United States or of the State of Texas by force or violence; and that during such times as I am a m,ember of the North Richland Hills Civil Defense and Disaster Relief Division I will not advocate nor become a member or an affiliate of any organization, group, or combination of persons or of any political party that advocates the overthrow of the Government of the United States or of the State of Texas by force or violence. " Section 7. Any Eght displayed contrary to any order, rule or regulation promulgated pursuant to the provisions of this Ordinance constitutes a public nuisance and when deemed necessary in order to protect life or property during blackouts or air raids, the forces of the Municipal Civil Defense and Disaster Relief Division or City Police, are authorized and directed to enter upon any premises within the City of North Richland Hills, using reasonable force, and estinguish lights or take other necessary action to make effective any order, rule or regulation promulgated under the authority conferred by this Ordinance. Section 8. Any unauthorized person who shall operate a siren or other device so as to simulate a blackout signal or air raid, or the termination of a blackout or air raid, shall be deemed guilty of a violation of this Ordinance and shall be subject to the penalties imposed by this Ordinance. Section 9. At all times when the orders, rules and regulations made and promulgated pursuant to this Ordinance shall be in effect, they shall supercede all existing Ordinances, orders, rules and regulations insofar as the latter may be inconsistent the rewith. Section 10. This Ordinance shall not be construed as to conflict with any State or Federal Statute or with any Military or Naval order, rule or regulation. - Section 11. This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, welfare and safety and neither the City of North Richland Hills, the agents and representatives of said City, or any individlial, receiver, firm, partnership, corporation, association, or trustee or any other of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order. rule or regulation promulgated pursuant to the provisions of this Ordinance shall be liable for any damage sustained to person or property as the result of said activity, Any person owning or control- ling real estate or other premises who voluntarily and without compensation grants. to the City of North Richland Hills a license or privilege, or otherwise permits the City to inspect1 designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other e permission or fo:':" loss of, or damage to, the property of such person. Section 12. No person shall have the right to expend any public funds of the City in carrying out any Civil Defense activity authorized by this Ordinance without prior approval by the City Council, nor shall any persons have any right to bind the City by contract, agreement or otherwise without prior and specific approval of the City Council. Section 13. e No shelter, be it fallout shelter, bomb shelter or any other type of shelter which might ordinarily be constructed as being built for the safety and protection of the citizens of this city may 1?e constructed wjf;hin this city without the consent of the city by the m,eans of a building permit. There shall be no charge for the building perm.it but the shelter shall be inspected and it must meet the minimum specifi- cations of the Office of Civil and Defense Mobilization. Any shelter which falls below the suggestions of the Office of Civil and Defense Mobilization shall be considered dangerous and a nuisance to the public. This provision is not intended to include or have any affect upon shelters already in existence within the city. Section 14. It shall be unlawful for any person wilfully to obstruct, hinder, or delay any member of the Civil Defense Organization in the enforcement of any rule or regulation issued pursuant 1D this Ordinance, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this Ordinance. It shall likewise be unlawful for any ,person to wear.,.. carry or display any emblem, insignia or any other means of identification as a member of the Civil Defense Division of the City of North Rich1and Hills, unless authority so to do has been granted to such a person by the proper officials. Section l5. Convictions for violations of the provisions of this Ordinance shall be punishable by a fine not to exceed $200.00. - 4- e e - Section 16. If any portion of this Ordinance shall, for any reason, be declared invalid, such invalidity shall not affect the remaining provisions hereof. Section 17. The immediate passage of this Ordinance is deemed essential to the public heàth, safety and welåre, and it shall take immediate effect. PASSED AND APPROVED THIS ,2 ~~~ day of (,,1/':/'/- ATTEST: /. ( . .'/ ~_. ./J ~C:~~é;;>/ City Sêcretary , 196I. /l ~Mi/v/ ..' ~A/( ~L-¿·2 ) /Vj